EDPNA EXAM PRACTICE QUESTIONS WITH ANSWERS | LATEST VERIFIED GRADED A+ | 2023/2024

Which statement best describes the term "severe" impairment? - ANSWER c. An impairment or combination of impairments is only severe if the impairment significantly impacts at least one basic work activity. You are representing your client at a hearing. A vocational expert (VE) is present. The ALJ asks if the VE has reviewed Exhibit 15F, which is a consultative psychological examination report, in which the psychologist opines that your client is capable of performing simple, repetitive, unskilled tasks that do not require ongoing contact with the public or coworkers. The VE states that he has reviewed this report. The ALJ asks if he agrees with the limitations that have been assessed, and the VE says that he does agree with the limitations contained in that report. Which statement is most accurate about the ALJ's questioning of the VE? - ANSWER d. Improper, because the VE is offering his opinion about the relationship of the limitations to the clinical signs and findings, thus rendering an opinion on medical issues. Mark Baum arrives at your office with a dismissal order dated three weeks ago. The order states that his request for a hearing on his Supplemental Security Income claim was not timely filed and the claimant's reasons for missing the deadline did not constitute good cause for late filing. He believes he did have good cause and asks you what he should do next. You would advise Mr. Baum to - ANSWER b. file a request for Appeals Council review of the Dismissal Order pursuant to 20 CFR 416.1467. Ethics: An ALJ authorizes a representative to charge and collect $2,000 for his representational services for a claim for disability insurance benefits. SSA directly pays the representative $2,000. Six months later, SSA erroneously paid the representative an additional $2,000 based upon the same claim. One year after issuing the erroneous payment, SSA sends a letter to the representative informing him of the excess fee payment and requesting a refund within 30 days. What should the representative do? - ANSWER c. Refund the $2,000 excess payment to SSA within 30 days, as requested. Auxiliary Benefits - ANSWER When a disabled individual receives Social Security disability insurance benefits, their spouse and/or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or minor child are called can be paid to: 1. Children under 18 2. Spouse 3. Divorced spouse (if married 10 years) 4. Somebody under age 62 who has custody of children Quarters of Coverage (QC) - ANSWER Refers to each 3-month period of employment during which an employee contributes to the retirement income program under the Social Security Act of 1935. - You have to have a min of 6 credits and max of 40. Appeal deadline - ANSWER 60 days + 5 mailing days Medicare Eligibility - ANSWER Disabled - 24 months (29 months total from onset) Disabled Adult Children Benefits (DAC) 404.350 - ANSWER You have to be found disabled before age 22 and IF 1. a parent is deceased 2. Parent is on SS Retirement 3. Parent is on SSDI benefits Must Be: - Unmarried - 18 or older - Have a disability that started before age 22 - Cannot have substantial earnings to be insured for T2 on their own record Disabled Widow(er) Benefits (DWB or DIWW) 404.335 - ANSWER The disability benefits are available to disabled widows and widowers of insured workers, with benefits first payable to the widow(er) at an age between age 50 and 60. - Disability began w/in 7 years after the spouses death - Deceased spouse must have been on T2 benefits or had T2 insured status before death Substitution of Party POMS 23510.035 - ANSWER **Rule is NOT in CFR (hallex 1-2-1-50) SSA - 539 Form T16 - limited to surviving spouse who was living w/ claimant within the past 6 months or parent/parents of disabled or blind child. Order of Sub for T2: 1. Surviving Spoise 2. Children entitled to monthly benefits 3. Parents of claimant who are entitled 4. Surviving Spouse (not living w/ claimant) 5. Children of claimant 6. Parents of claimant 7. Legal rep of estate Special Insured Status 404.130 - ANSWER Disabled before age 31. 1. Must be fully insured 2. You have QCs in at least one-half of the quarters during the period ending with that quarter and beginning with the quarter after the quarter you became age 21; however - (i) If the number of quarters during this period is an odd number, we reduce the number by one; and (ii) If the period has less than 12 quarters, you must have at least 6 QCs in the 12-quarter period ending with that quarter. Continuing Disability Reviews 404.1589 416.989 - ANSWER Reviews post receiving SSDI benefits Two Types: 1. Medical (3 years) 2. Work ( Trial Work Period) Trial Work Period (TWP) 404.1592 - ANSWER SSA incentive to provide a person with SSA money for up to five nine months in a five year period when they have earned more than the SSA income limit - the 9 months does NOT have to be consecutive - If they make under $900/m, this month does not count In-Kind Income - ANSWER Non-cash payments received in exchange for services rendered or in lieu of a cash contribution Earned Income 416.1111 - ANSWER Any income (wages/salary) that is generated by working - First $20 is always taken off - Self Employment - take net earnings yearly and divide by 12. Unearned Income 416.1121 416.1124 - ANSWER Income received from sources other than employment Examples: Cash, Pensions, Annuities, SSDI benefits, Rental income, Inheritance, prizes/awards/gifts, Alimony, Child Support One-Third Reduction Rule 416.1131 - ANSWER If receiving food and shelter, SSI benefits are reduced by 1/3. Example: If they are getting max amount, $841, the payment would be $561. Presumed Maximum Value (PMV) 416.1140 - ANSWER allows you to show that your in-kind support and maintenance is not equal to the presumed value. We will not use the presumed value if you show us that - (i) The current market value of any food or shelter you receive, minus any payment you make for them, is lower than the presumed value; or (ii) The actual amount someone else pays for your food or shelter is lower than the presumed value. Income Deeming 416.1160 - ANSWER We use the term deeming to identify the process of considering another person's income to be your own. When the deeming rules apply, it does not matter whether the income of the other person is actually available to you. We must apply these rules anyway. There are four categories of individuals whose income may be deemed to you: 1. Ineligible Spouse 2. Ineligible Parent (for Child case) 3. Sponsor of an Alien (for up to 3 years after entrance into US) 4. Essential Person SSI only Resources 416 Subpart L (SSI only) - ANSWER resources means cash or other liquid assets or any real or personal property that an individual (or spouse, if any) owns and could convert to cash to be used for his or her support and maintenance. Limit: $2,000 individual person $3,000 Couple Res Judicata 404.957 416.1457 - ANSWER "Matter already Judged." A claim cannot be retried between the same parties if it has already been legally resolved. Collateral Estoppel 404.950 416.1450 - ANSWER "Issue Already Decided" An issue at your hearing may be a fact that has already been decided in one of our previous determinations or decisions in a claim involving the same parties, but arising under a different title of the Act or under the Federal Coal Mine Health and Safety Act. If this happens, the administrative law judge will not consider the issue again, but will accept the factual finding made in the previous determination or decision unless there are reasons to believe that it was wrong. - This is on both a denial or allowance Common Law Marriage 404.726 - ANSWER This is recognized by SSA if State claimant lives in recognizes it. BUT, it needs preferred evidence. - example - signed statement from spouses and usually two blood relatives. Self Employment 404.1575 416.975 - ANSWER Have to complete "the Three Tests" 1. You have engaged in substantial gainful activity if you render services that are significant to the operation of the business and receive a substantial income from the business. (over 45 hours a month) 2. You have engaged in substantial gainful activity if your work activity, in terms of factors such as hours, skills, energy output, efficiency, duties, and responsibilities, is comparable to that of unimpaired individuals in your community who are in the same or similar businesses as their means of livelihood. 3. You have engaged in substantial gainful activity if your work activity, although not comparable to that of unimpaired individuals, is clearly worth the amount shown in § 404.1574(b)(2) when considered in terms of its value to the business, or when compared to the salary that an owner would pay to an employee to do the work you are doing. Unsuccessful Work Attempt (UWA) 404.1592c - ANSWER Work lasting up to 6 months that the claimant is forced to stop or reduce below the SGA level because of the claimant's disability. Such work is disregarded when evaluating the claimant's disability under the sequential evaluation process. Impairment-Related Work Expenses (IRWE) - ANSWER -- In determining SGA, the cost of certain impairment-related items and services that are related to work are deducted from the individual's earnings